When is the right time to “blow the whistle”? / ¿Cuándo es el momento adecuado para “hacer sonar el silbato”?

When is the right time to “blow the whistle”? / ¿Cuándo es el momento adecuado para “hacer sonar el silbato”?

There is some confusion on what a “whistleblower” lawsuits involve. The first thing that is important to understand is that whistleblowing involves reporting activity you reasonably believe to be unlawful to an enforcement agency. This can be the police, or OSHA, or the EPA, or any regulatory agency who enforces regulations.

Often, we get clients who have been terminated who want to report misconduct. Reporting misconduct is to be applauded, but if you are blowing the whistle after you’ve been terminated, you are too late.

Whistleblower protection laws are designed to protect employees who report misconduct while they are employed. An employer cannot fire you for reporting unlawful conduct. However, if you lose your job and THEN blow the whistle, it is extremely unlikely that you will have a viable whistleblower case.